Lawyers should specialise in a particular field: Senior Advocate Virendra Lodha

Virendra Lodha is a Senior Advocate of the Rajasthan High Court at Jaipur. A junior of former Supreme Court judge Justice GS Singhvi, Lodha is a Senior Standing Counsel for a number of government departments..In this interview with Bar & Bench’s Aditya AK, he talks about the co-relation between case pendency and judicial vacancies, seniors not paying juniors, and more..Aditya AK: Did having a family background in law make it easier?.Virendra Lodha: Definitely, it made things easier, because I had quite a sound opening. Secondly, I had the goodwill of my jijaji, Justice GS Singhvi, who was a leading lawyer here at that time. I had joined his office when I took admission in first year law itself..I appeared before the Rajasthan Civil Services Appellate Tribunal, where a representative can appear on behalf of state government employees. I started independently arguing in the second year itself; that gave me a huge boost..AK: How was Justice Singhvi as a senior?.VL: He was a strict taskmaster and a disciplinarian, irrespective of the fact that he was my brother-in-law. He did not compromise on timings; he was very punctual. His car was the first to be parked outside the High Court, at 10:20 am. Even as a judge, he used to sit exactly at 10:30. That made me understand the value of time..He had a very positive attitude and did many cases without charging fees. His view was that the litigant is God and should not go unattended. I was very lucky to have such a guru..AK: What changes have you seen at the Jaipur Bar over the years?.VL: Earlier, the quality of litigation was very good, and the quantity was less. In recent years, this has changed. The young lawyers who are coming into the profession want quick money and they are willing to use any means. It is really painful to see scuffles happening between litigants and lawyers..My advice to my younger colleagues is that one should have patience. If you work sincerely, results will come. It definitely takes time in this profession, but if you have patience and you are honest, the sky is the limit..It definitely takes time in this profession, but if you have patience and you are honest, the sky is the limit..AK: How did you come to specialise in service matters?.VL: When I joined Justice Singhvi’s office, he was specialising in these matters, so I was exposed to them. I developed an interest in service matters and continued to take them up as an independent lawyers. I am of the view that a lawyer should specialise in a particular field, otherwise, he will be jack of all trades and master of none..AK: When were you designated as Senior Advocate and how did it happen?.VL: It happened in 2011. At that time, our Chief Justice Arun Mishra suo motu took up the matter in Full Court, and his Lordship recommended my name. There had been no Senior Designations in Jaipur for years together. Earlier Chief Justices were of the view that it was not the appropriate time to do so..AK: There is a perception that there exists a lack of transparency in appointments to the higher judiciary. Would you agree?.VL: In fact, recently, three former Chief Justices of India – RM Lodha, KG Balakrishnan and P Sathasivam JJ. had agreed that there should be complete transparency after one of the senior-most judges of the Supreme Court refused to participate in the collegium proceedings. I believe that if there is any dissenting note, it should be recorded and kept as a part of the record. Unless there is a consensus, it is not appropriate to recommend an incumbent’s name, even though there is a majority view that he or she should be elevated as a judge of the Supreme Court or a high court..AK: Do you think the NJAC should have seen the light of day?.VL: I am of the personal view that the NJAC would have been a better choice. Precisely because the media is reporting a number of things, including recommendations of lawyers’ names who are closely related to existing judges or politicians. Under the current system, there might be a compromise as far as the merit part is concerned..At the same time, NJAC cannot be said to be 100% fool-proof. But we have seen the collegium system for so many years, and it is worth giving the NJAC a try. This way, both faces of the coin can be seen, and there can more transparency in appointment of judges..AK: Do you see a co-relation between pendency of cases and judicial vacancies?.VL: Yes, definitely. When there is a lack of adequate number of judges, there are lesser benches. This directly affects the disposal of cases. In our own High Court, almost one-third of the posts are vacant. In that case, there is not more than one Bench for service matters, and 300-400 matters are listed for admission daily. Therefore, one judge cannot possibly dispose of all these cases. Not only does he have to read the files, but he also has to dictate orders. A lesser number of judges surely means huge pendency of cases..We have tried other steps to reduce pendency, but they have not worked. We tried to go for mediation and arbitration, but the latter is very expensive. Looking at the fee structures and other expenses, only the big business house can afford them. Individuals cannot survive in arbitration proceedings..So, the only course of justice for them is to knock on the doors of courts..AK: How did you develop your style of argument?.VL: Justice Singhvi told me on the first day I joined his office,.‘Subscribe to The Hindu. Stand in front of a mirror and read any story and look at your expressions in the mirror.’.He told me to start with ten minutes a day initially, and increase it gradually to one hour daily. To my surprise, not only did it make my vocabulary better, but it also increased my self-esteem. It gave me the confidence to independently argue matters. The moment you read in the mirror, you are able to self-analyse..AK: Any memorable cases?.VL: I still remember the first brief I received. When I was in second year of law, my client was a class four employee working in a hospital. He was getting a meagre sum of Rs. 650 per month. When he came to the office, Justice Singhvi told me to prepare the case, argue it on my own and charge my own fee. I had not even completed my law back then!.So I prepared the brief and showed it to my guruji. He made some corrections, and I filed an appeal in the Tribunal. It was listed before the Chairman, who was a retired IAS officer. When I started arguing the matter, my legs were shaking and I had butterflies in my stomach. I started going too fast, before they asked me to stop and breathe. Ultimately, they allowed my appeal and stayed the recovery..I went to my senior and told him that I had obtained a stay. He called the client, Mansingh, who touched my feet. He offered me some fees, which I refused. Since it was my first case, I did not accept payment..To my surprise, that same matter came up in the High Court when I became an independent practitioner. I argued it successfully, and to this day, Mansingh visits me for every festival and tells me, ‘Aaj mein aapke vajhe se UDC ban gaya’ (I have become an Upper Division Clerk because of you)..AK: What is your opinion on lawyers not paying juniors?.VL: This is a big problem, especially in Rajasthan. Especially the senior advocates are not paying a good sum to their colleagues. There is a lot of resentment in this respect. After doing law, the junior cannot depend on his parents anymore, he depends on the senior. My most humble request to my colleagues is the juniors should be paid enough to at least be in a position to deliver the goods and do justice to the senior’s office and clients..After doing law, the junior cannot depend on his parents anymore, he depends on the senior..AK: What advice would you have for young litigating lawyers?.VL: You have to be honest. If you are not prepared with a brief, straight away tell the court. All of our judges here are so accommodating. They would not do the same for a Senior Advocate, but if a youngster comes and says, ‘I am not prepared’, they will definitely give you time. But on the next date, you should not seek more time..Bar & Bench would like to thank Abhimanyu Yadav for his assistance in arranging this interview.